Insanity

Question 1

Define Insanity

Answer 1

defect of reasoning by a disease of the mind where D does not know the nature and quality of his conduct/app

Question 2

State the leading case, facts and area of law for insanity

Answer 2

M’naughten
The first case test for insanity.
D tried to kill sir roberts secretary whilst suffering extreme paranoia.
Came about by parliamentary debate

Question 3

Define defect of reason

Answer 3

the defence available to those whos minds are impaired but if the defendant is able of reaching and failed to do so, they will not satisfy the defence.

Question 4

which case supports defect of reason

Answer 4

Clarke

Question 5

describe the case of Clarke

Answer 5

D stole meat from a shop, she claimed she was suffering absent mindedness at the time due to diabetes and depression.
court of appeal quashed the conviction as as needed inability to reason not just imperfect reasoning.

Question 6

describe the case of kemp

Answer 6

D had hardening of the arteries and attacked his wife with a hammer.
Did not get the defence because hardening of the arteries is a physical illness not a disease of the mind l

Question 7

which case supports disease of the mind

Answer 7

Kemp

Question 8

what offences is insanity not available to and give a case

Answer 8

Strict liability offences
DPP v H whereby D drove intoxicated and was held that insanity is not a defense to strict liability where no mental element is required.

Question 9

Describe the case of Sullivan

Answer 9

D suffered epileptic fits and was charged s.47 when he hit an 80 year old man during a fit.
House of Lords created broad definition of disease of the mind; source of disease irrelevant.
Insanity was put forward and not automatism

Question 10

Describe the case of Hennessy

Answer 10

D a diabetic hadnt taken insuline for 3 days. He stole a car and pleased not guilty by insanity even though he wanted to please NG by reason of automitism.
Judge held that it was right to put insanity to the jury because diabetes was effecting his mind.
(hyperglycaemia)

Question 11

Describe the case of Quick

Answer 11

The defendant was a diabetic nurse who
took insulin but ate insufficient food and
assaulted her patient.

Judge held that she could rely on automatism rather than insanity because the insulin was an EXTERNAL FACTOR affecting her mind not an internal factor.
(hypoglycaemia)

Question 12

Describe the case of Burgess

Answer 12

D hit his girlfriend in his sleep, his doctor put forward it was due to a sleep disorder.

Judge found that D was not guilty by reason of insanity

Question 13

Explain the law on sleep walking in relation to insanity and automatism

Answer 13

If sleep walking is due to an external factor such as a blow to the head, it is automatism but if it is a general internal condition it is insanity.

Question 14

Describe the case of Thomas

Answer 14

Chronic sleep walking as a child, killed his wife in his sleep thinking it was a burglar.
complete aquittal due to the evidence given.

Question 15

Give some A02 points on sleep walking

Answer 15

• Thomas opened up a loophole
• Its regarded as the norm but its a crime when you do it
• protection of the public?

Question 16

Describe involuntary Intoxication

Answer 16

Where the defendant takes an intoxicating substance and this causes a temporary psychotic episode, the defendant cant rely on insanity.

Question 17

Describe Coley as an illustration for voluntary intoxication

Answer 17

D had taken canabis and one evening watched a violent video game. That night he could not recall attacking his neighbor with a knife.

Held: Situation was one of involuntary intoxication and AOM was caused by an external factor. D could not rely on automitism because the external factor was his own fault.

Question 18

Describe the case of Windle

Answer 18

The defendant killed his wife with 100
aspirin and said, ‘I suppose they will
hang me for this’.

The defendant was not insane as he knew his act was wrong in law, he was therefore charged with murder

Question 19

Describe the element ‘ not knowing the nature and quality of the act’

Answer 19

Two ways:

• D is in a state of unconsciousness
• When D is conscious but due to his mental condition he does not understand.

However where the defendant knows the nature and quality of his act but still continues ( He can not use the defense of insanity)

Question 20

Describe the changes made to insanity from 1991

Answer 20

Pre 1991- The judge had to send the defendant to a mental hospital. This wasnt practical for those with diabetes etc
Post 1991- The judge can now impose: A hospital order with or without restrictions.
A supervision order
An absolute discharge

Question 21

List the A02 on insanity

Answer 21

DEFINITION- is one of legal knowledge and not medical, a more modern definition should be used.
People suffering mental disorders such as irresistible impulses and psychopaths (Byrne) arent included in the definition.

SOCIAL STIGMA- Those with diabetes etc are insane

OVERLAP WITH AUTOMATISM- Those who suffer mental or physical which puts them in an automic state ammounts to insanity

BURDEN OF PROOF- D must prove he is insane which is against the article 6 european rights.

OVERLAP OF DIMINISHED RESPONSIBILITY- 50 cases of dim resp and only 5 of insanity. Not a defence used often.